the boston marathon obamas suspect faces federal charges that carry the possibility of the death penalty. from his hospital bed, dzhokhar tsarnaev is facing a judge. he is being charged with using and conspiring to use and at what the mass destruction resulted in does and malicious destruction of property resulting in death. >> we're also learning more about the tense final moments before is swat team finally captured him. here is one of them describing the moment. >> you could see one and was clear of any weapons, but each time he win back the away his hand went down inside the boat out of law review. he did that a couple of times as we were still approaching toward him. we got close enough that one. bolt of his hands were up because of the rocking back and forth, both of his hands were up and we could see that there were no weapons in him, no ignition devices. we broke away from the shield protective cover and we just rush them. we put hands on him, grabbed him and put hipulled him off the bo. >> the 19 year-old was arrested friday night after he was found hiding inside of a boat. >> t